The CAT has held that a patient condition as an emergency case cannot be decided on the basis of the doctor’s certificate always.
“Whether the case is of emergency nature or not is not always decided on the basis of the certificate of a doctor who treats the patient and performs the surgery,” the principal bench of the Central Administrative Tribunal (CAT) said
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It is not clear under what circumstances this ruling has been given. It is universally accepted that the attending physicisn is the best judge to determine is the patient is in an ’emergency’ condition. This is also outlined Emergency Medical Treatment and Active Labour Act !